Paul Wilmshurst’s easement cases of 2024 featured in new edition of Gale on Easements (22nd Edn)
The new edition of Gale on Easements (22nd Edn) was published on 13 December 2024. It contains up to date commentary on all matters relating to easements, including extensive discussion of 3 cases in which Paul Wilmshurst appeared during 2024.
- Nicholson v Hale [2024] UKUT 153 (LC).: On appeal a sign stating “THIS STAIRCASE AND FORECOURT IS PRIVATE PROPERTY NO PUBLIC RIGHT OF WAY” was deemed sufficient to make the use of the way “vi” (by force) and not “as of right.”
- Sagier v Kaur [2024] UKUT 217 (LC): A sign reading “No Public Right of Way” was interpreted by the judge to refer to members of the public, not neighbours. The context and background of the sign’s erection were considered, and the judge held that an ambiguous sign would not suffice to make the user contentious.
- Akhtar v Khan [2024] EWHC 1519 (Ch): The defendant used the claimant’s land for car parking. The claimant sent a “cease and desist” letter, which the court held made the continued use contentious and not “as of right.” Even if the letter had not been received, the court found that sending it by recorded delivery and ordinary post was a reasonable attempt to communicate the protest.
Paul Wilmshurst is ranked in the legal directories as a leading barrister in property litigation and agricultural and rural affairs. Paul’s practice embraces disputes concerning all aspects of property and property interests concerning co-owners, neighbours, trustees, businesses, public bodies, public rights over land, the environment, land use (planning) and community groups of all kinds. A number of further High Court judgments in which Paul appeared are expected in early 2025.
